Posted on by Kit

Great news – Court orders RPK’s release

The Shah Alam High Court this morning ordered the release of Malaysia Today editor and blogger Raja Petra Kamaruddin who had been detained under the Internal Security Act since Sept. 12, 2008.

The judge, Justice Syed Ahmad Helmy Syed Ahmad ordered the police to produce RPK, who is detained in Kamunting Detention Centre, in Shah Alam court by 4 pm today to be formally released.

I would be in Shah Alam Court myself to be a witness to this historic moment if I am not in Penang now and have to be in Alor Star tonight.

The Shah Alam High Court decision sustains hope that basic judicial decency, independence and integrity have not been completely destroyed despite two decades of judicial darkness.

The Prime Minister, Datuk Seri Abdullah Ahmad Badawi should ensure that the Home Minister, Datuk Seri Syed Hamid Albar and the police fully respect the Shah Alam High Court’s decision on RPK’s habeas corpus application and uphold the rule of law and should slap down any trickery or stratagem to frustrate the judicial decision, such as a re-arrest.

Welcome back RPK!

71 Replies to “Great news – Court orders RPK’s release”

  2. I am elated at RPK’s release, but I am also miffed that the Hindraf 5 are still detained under the ISA. What sort of standards are we aspiring to ?

    The ISA must go, all those detained must either be released or brought to trial. No two ways about it.

  3. Nothing is impossible, quoting what Obama said!
    Perhaps it looked like a miracle to us.

    Boleh judicial system is fighting back?
    This internal minister has better go to resign.
    With this, we don’t know what is going to happen to N about his future, if he can really take the job as PM.

  6. Best news so far, even better than Obama’s victory!
    Yes, welcome home RPK. MalaysiaToday was getting a bit boring lately but not anymore.
    Najis’ nightmares are all coming back to haunt him ever more heheheehehehe

  8. The ISA overturned on the basis of wrong reason for detention, because Islam is a state matter, not federal matter.

    But Syed Hamid can re-arrest him under various other reasons like “involved in terrorism”, or “for the safety of RPK”…

    I’m quite pessimistic because Syed Hamid may just re-arrest RPK to save some face…

  12. Directions to SA high court PDF Print E-mail
    Posted by Super Admin
    Monday, 03 November 2008 21:26

    To reach the Bangunan Sultan Salehuddin,

    If you get on the Federal Highway, head towards Shah Alam ( after batu tiga toll) 2nd turn off (left). Take 3 o’clock at roundabout. straight, another round about (Bulatan Kayangan – can see the Shah Alam mosque right in front) take 12 o’clock. Then all the way straight – pass Concorde Hotel (on right), through the traffic lights, and straight on for about 100 m then turn left at Jalan Takbir or towards SUK building. If you miss this turn, drive on for another 100m and turn left at Persiaran Raja Muda (into Sec. 6) then take the first left into Persiaran Sultan.

    Or, just look for the tallest building near the Shah Alam Mosque. That would be the SUK building which is where the State Govt is. The court is near it.

    To get directly to the SUK building from the Federal Highway, take the 4th turn after the Batu Tiga Toll. (It says it is to Pusat Bandar Shah Alam, or it is the turn right after Pusat Perindustrian Shah Alam.) The road curves into Persiaran Sultan. Just follow this road right to the end.

  23. @Godfather
    That’s a top link, thanks for posting it.
    But isn’t it bizarre? It appears to completely contradict the earlier statement reaffirming ‘business as usual’ from the rulers’ meeting – or have I misunderstood it? I hope this ‘ruler-in-waiting’ gets some more airtime – messages like this one are a breath of fresh air in Malaysia.

    I hope RPK gets some quality time alone with his family for a while. Defending oneself at court is a terrible burden – the more emotional support from family and friends, the better.

  26. Well, from the judgement, it was ruled that the Home Minister has abused his power and that RPK’s detention was unlawful.
    So does this mean that the Home Minister has broken the law? If so, then should he not be charged and brought to court? Stripped off his position and be thrown into jail?
    The tables should be turned. The unlawful Home Minister should be in jail for his crimes!!!!

  27. Great to hear that RPK will be released soon.
    Hope that after settling down, he will continue to whack this brainless, arrogant baldie toad till he shit bricks. Not to forget our MR and Mrs.C4 too.
    Next step is to get the others who are wrongfully detained under ISA to get release.
    Finally, we will get this arrogant, racialistic baldie lockup under ISA.

  29. So it looks like a belated Deepavali, where “good has overpowered evil”. Let this be a good lesson to the BN government, not to use the ISA as and when they like. These three arrests, that of Tan Hoon Cheng, Teresa Kok and RPK be a lesson to these bigots who take the laws in their own hands. How are they going to explain these three arrests? What sort of excuses can they think up? For Tan, it was purported that ISA was used to “protect her from danger”. What about Teresa and now RPK?

  30. Welcome back RPK!

    We’re happy with the decision of Justice Syed Ahmad Helmy Syed Ahmad.At least he is a fair judge who decided on the basis of existing law, apparently uninfluenced by extraneous executive inerference (if any).

    However we should not be overjoyed or to read into the situation that reasons for reform of the Judiciary have become somehow less pressing. More important, that the existing law (ISA) is OK and does not require review, amendment or repeal.

    For the ISA is antithetical to civil liberties. All that is wrong with that law is still there….in section 8B of the ISA which states:-
    “There shall be no judicial review in any court of, and no court shall have or exercise any jurisdiction in respect of, any act done or decision made by the Yang di-Pertuan Agong or the Minister in the exercise of their discretionary power in accordance with this Act, save in regard to any question on compliance with any procedural requirement in this Act governing such act or decision.”

    This simply means that can be no judicial review of the Minister’s decision based on policy considerations of whether or not the detainee is a national security threat.

    There can be judicial review/intervention only if procedures are not followed by the Home Minister, ie. there are procedural defects or irregularities.

    Justice Syed Ahmad Helmy here decided that procedural wise there was a defect. RPK was detained for insulting Islam. However Islamic issues are within the purview of the state governments, except for the Federal Territories of Kuala Lumpur and Labuan, and since Raja Petra resided in (Sungai Buloh) Selangor, it was clear that the Federal Government had no authority over any say of Islamic issues.

    The decision broke no new ground. It did not say the court could oust the Minister policy/substantive decision. There is no paradigm shift. Neither could the Court because the Court could not usurp what the ISA says as empowered by Parliament.

    The repreive that RPK enjoys for now is not necessarily one that the Hindraf’s leaders detained could similarly enjoy.

    The law (ISA) is as problemetic as ever as a challenge to civil liberties and hence the lobby for its review ought to continue.

    Another reason why we should not be overjoyed is the fact that Prosecution can appeal against Justice Syed Ahmad Helmy’s decision.

    If it does so, RPK’s fate will depend on what the Court of Appeal – and further up – what the Federal court would say.

  32. Thank God!
    I wonder if Pak Lah has done this? I’m sure he has been “consulted” before the decision was made. I wonder if Pak Lah is “getting even” with Rosmah…I mean Najib!
    Don’t discount old Pak Lah, he’s not an ex-PM yet!
    Let’s hope the other ISA detainees will soon be released!

  34. Jeffrey Says:

    Today at 13: 02.00 (37 minutes ago)
    Welcome back RPK!

    Justice Syed Ahmad Helmy here decided that procedural wise there was a defect.

    =========================

    Correct. Syed Hamid must probably be frantically checking out which law he can use to re-arrest RPK the moment he is outside.

  40. This is also one of the main point in YIN YANG THEORY.

    When thing get into its extreme level, it will change form:
    When water is heated up at boiling point, it will turn into steam;and
    When water is kept at an extreme cold level, it will be frozen.

    Look at what is changing from bad to worst, now. And it will soon becoming vanish.

  41. We must all now unite. Uncle Kit is doing a great job checking the government in parliament. This is what I love – a strong oppositiion making sure UMNO doesn’t bulldoze its way all over Malaysians.

    I know that RPK’s deep throats are reading this blog. I know that Bala is reading this blog. Let’s bring out all the dirt that is hidden in UMNO’s closets. Let’s help RPK in any way we can to expose all the dirt that the UMNOputras have been wallowing in to satisfy their lust for money, sex and power.

    Bala, wherever you are, God bless you, but please realize that you are in a positiion where ONE man can help make or break a corrupt government. For ALL Malaysian childrens’ future’s sake….

  45. It’s good to hear that RPK is out but still there are a lot of other issues that need to be resolved in this country. I can sense that something is afoot lately with news like the payout for judges, RPK’s release and don’t be surprised to see more “news” on the way. Keeping a vigil. Has Obama given Malaysians new hopes?

  46. So, is it the law or the judge? It really depends isn’t it? We congratulate the judge who made a judgement to our liking. The question we ought to be asking is why are there different judgements with the same law and circumstances.

  47. Happy news!
    welcome back Raja Petra..i sincerely hope that this isn’t another short-lived joy that some umno dumbo sends him back behind the walls and bars for no valid reason again, merely using the excuse of national threat under ISA… i believe ISA should be abolished.. or some serious amendments should be made to it.
    and again, i wish that this is for real and not some funny joke, like how Najib’s rm7billion turned out to be hypothetical in the next 24 hours.
    All d best RPK!

  48. When RPK was taken in under ISA, it was the top frontpage news in all Malaysian newspapers. Now, let us see how “some” of the newspapers play up the news on Saturday. “Some” refers to the newspapers under the yolk of Umno hegemony.

    Certainly, RPK’s release is top news under the present political climate facing Malaysia, notwithstanding the growing disenchantment against the ISA and a ruling party under siege for all the wrong reasons. Malaysians have awaken to a new sense of change and it encompasses all the ethnic groups in this country except for those who still cling on to the “we are suprerior” mentality.

    Having said that, it will be kudos to all the newspapers that play up the RPK story as the top news item on the frontpage. Any newspaper that makes an attempt to play it down will be just fooling themselves and making themselves look like dumbasses. It will only show that they have to kow tow to their political bosses.

    But what is there to hide? If RPK’s release is manipulated from the highest office in Government, then it would be right for the papers to publish the news as top item. If I’m the top boss, I would tell the top editors to make the story the top frontpage news. It will be a shame to see any newspapers that fail to carry out the job professionally, instead of practising self-denial for fear of the big stick coming down on them from the political masters.

    Just my two cents.

  50. So, Syed Hamid abused his power as Home Minister when ordering the detention of RPK. He has committed an offence and should be charged. Can this issue be brought up during the Parliament meeting? Let’s see how BN MPs defend him.

  55. Going forward friom what baoqingtian posted at 20: 55.33, admittedly, the recent show of power by ISA use has put Syed Hamid/Govt in not so favourable light in public eyes. When police detained MP Teresa Kok and a Sin Chew reporter only to have release them shortly, it shows that they did not care whether there was any lawful basis for the initial detentions in the first place.

    In RPK’s case, his detention was prolonged by ministerial fiat under section 8 of ISA. The fact that RPK is now released by Shah Alam High Court – which according to RPK’s lead counsel, Malik Imtiaz, this was the first time a Malaysian court has ordered the release of an ISA detainee since 1989 – reinforces further the negative perception that abuse of power has taken place.

    Legal technicalities aside, judges are not entirely oblivious to shift in public moods, sentiments and mores, which nowadays are much against abuse of power, ISA and a judiciary compliant to government leaders’ dictates.

    These public moods, sentiments and mores have in large part being shaped by outrage and disillusionment arising from a spate of developments such as Lingam Video Clip and the Royal Commission of Inquiry, the fact that 3 top CJs’ names were implicated, apologies and ex gratia payments to ex judges unjustly treated by the Executive in 1988, recent attempted judicial reforms and resistance against s uch reforms leading to Zaid Ibrahim’s resignation out of principle.

    These events impress upon some of the more far sighted judges that the the public have changed, they expect more, and are fed up with manifest abuse and injustices which in part could well account for the political tsunamy of 8th March.

    The above cited events also show that it is better to do right by the law and conscience than the bidding of any politician no matter how high up.

    This is because politicians come and go and are subject to vagaries of political fortunes.

    In contrast, one’s repute goes with him, and the deeds one does as a judge – whether good or bad, right or wrong – remain in public record and preserved in public memory and it is only a question of time (when) – and not the question of if anymore – that the past will sooner or eventually catch up with the present in which one either receives public vindication, if not approbation, for a right thing past done or account for and face the music of a wrong deed past perpetrated.

    Which is why even as Justice Syed Ahmad Helmy was reading his judgment that those in the corridors of power would undoubtedly feel discomfort about, another set back happened in another court room when Sessions Court judge SM Komathy Suppiah ruled against the government that the transfer order of Anwar Ibrahim’s case signed by Attorney-General Abdul Gani Patail was invalid.

  56. Undergrad2,

    Syed Ahmad Helmy delivered oral judgment only this morning around 10 am.

    All we have is Malaysiakini’s report of what the judge said.

    I quote:

    ‘Syed Ahmad Helmy in his judgment said the court looked into two factors, namely the constitutionality of the Act and whether the home minister acted correctly within his jurisdiction to issue the order.

    He said Section 8(b) of the ISA indicated that those issued with the detention order by the minister might not be allowed for judicial review. However, the court could hear such an application if there were instances of possible abuse of powers.

    “I agree the formulation of the ISA was to protect the security of the nation and is constitutional. However, the court can review the detention order if it finds instances where the minister could have acted beyond his jurisdiction to issue the two-year detention order.

    Syed Ahmad Helmy said there was no relevance for the minister to issue the order against Raja Petra on the basis of ‘mala fide’ (bad faith).

    “Following this, the court finds there is a procedural non-compliance as stated under Section 8(1) of the ISA based on the minister’s affidavit.

    “Hence the court finds the minister had acted ‘ultra vires’ (beyond his powers) in issuing the detention order under the ISA section. For example, the minister cannot issue an order if a person has in bad faith decided to colour his hair red.

    “Following this, the court is allowing the plaintiff’s application and orders for his release,” the judge said.’ (Unquote)

    You will note that though the judge reiterated that his ruling was based on procedural grounds, there are many aspects of it especially the part ‘mala fide’ that seems to skate on the edge of the substantive…making ambiguous this procedural-substantive dichotomy.

    One wonders whether the judge might not actually have boldly, albeit indirectly, attempted to reassert the principle of judicial review behind ministerial decision in ISA, making as such this case a landmark case for civil liberties.

    Your take?

  57. undergrad2, you are smarter than that. So many ISA cases in past were decided in favour of government and there is nothing much we can do about it. Remember Karpal Singh was arrested, released, and then rearrested and locked up until the government was satisfied. You lawyers and half-baked wannabes will never stop going into technicality when most of court decisions relating to ISA cases are more political than legal. Whether you like it or not, the mood of the court is decided by the political tempo of the day. Anyway, one sparrow does not a spring make. Nincompoop Malaysians usually will get excited for nothing.

  58. Acording to Malaysiakini, “the Home Minister Syed Hamid meanwhile said the ministry will not dispute the court’s decision today”.

    “This is the court’s decision, so if he is freed, it is the court’s right (to do so),” he was quoted as saying in Bernama.

    That’s good.

    Anwar Ibrahim’s comments on this case is in this link here –
    http://www.themalaysianinsider.com/index.php/malaysia/11988-anwar-rpk-release-victory-for-people

  59. This judge did not rule on Sec. 73(1) except to say that it is not ultra vires Art. 149 of the Federal Constitution. It is true he does not need to as it is not necessary in this particular case.

    But obiter dicta maybe?? But no, I don’t think he could.

  60. Jeffrey Says:

    Today at 22: 23.52 (8 minutes ago)
    Acording to Malaysiakini, “the Home Minister Syed Hamid meanwhile said the ministry will not dispute the court’s decision today”.

    They could do one of two things. But they chose not to pursue either. I was hoping the case would see issues under Sec. 73(1) deliberated but alas it is not to be. We have to wait for the next case to come to court. This judge cleverly avoided having to deal with those difficult issues – this time.

  61. “You lawyers and half-baked wannabes will never stop going into technicality when most of court decisions relating to ISA cases are more political than legal.” limkaput

    Your Lordship,

    Procedural technicalities are what we have been left with, ever since the right to judicial review was removed by the UMNO controlled Parliament in the mid 80s.

    I’d advise you to stop bashing the legal profession. I assure you if you were to be charged for a crime you did not commit tomorrow you’d be running to the first lawyer you could find – even the cheapest lawyer in town would not be spared.

  63. I’m with limkamput on this one.

    RPK’s problem wasn’t the Law. His temporary respite probably isn’t the Law either. As limkamput observed earlier, the law hasn’t changed over the course of RPK’s incarceration. RPK’s tormenter is politics, dressed up in a wig and a robe.

    And please, undergrad2 – ‘obiter dicta’?. You’re not the only one who’s watched the Harry Potter movies, you know.

  67. The judge was Ok this time. Next time we don’t know. Whether a judge is OK or not is but side of the equation, the larger problem is the ISA itself. A judge can be fair but there’s a limit he could do right for civil liberties if the law itself (ISA) is draconian and bad and remains in the books as an experession of legislative/parliamentary will. The judge, no matter how good and fair, can beat around the bush with some latitude in his judicial interpretation to mitigate draconian provisions but he just cannot be seen to ride roughshod over their express wordings.

    So this means that like it or not, politics, and neither law or judges’ goodwill will be the final arbiter to determine whether ISA will remain the Sword of Damocles over political dissidents’ heads.

    Syed Ahmad Helmy’s decision is wonderful from these aspects:

    [A]. It shows a degree of judicial activism, where none existed before, to try tackle section 8 ISA (ie the Ministerial detention for 2 years). True, he has not chosen to tackle section 73 concerning right/powers of police to detain a suspect for 60 days for investigation under ISA (as that would be what you called Harry Potters obiter dicta) since police detention had by Hamid’s signed order already been superseded by ministerial detention under section 8. No matter – to me at least, Ministerial detention of 2 years under s 8 is the main game and relatively bigger issue than police remand for investigation under section 73 for 60 days. (60 days is not as bad as the confirmed 2 yr ministerial detention renewable indefinitely!)

    [B] Syed Ahmad Helmy’s decision helps the political equation as well as it gives credance to buttress Civil Society/Opposition’s argument that ISA provisions – whether section 73 or 8 – could be easily abused and in RPK’s case has been abused.

    [C] Hopefully this example to interpret the law fairly by citizenry’s rights will inspire one or more of other timorous judicial souls on the bench to follow suit rather than carry on with the attitude of not rocking the boat.

  68. If RPK is reading this, let me say to you that you are at your best as the agent of change outside the walls of Kamunting than within its walls. If your voice is silenced only to be heard by the inmates on the same side of its walls, then my question is what good will that do? You have a responsibility not only to yourself but to those who believe in you to show leadership. We are not looking for martyrs but leaders with an agenda. The quest for freedom and the campaign run by the opposition to reinstate the rule of law, liberty and justice for all is larger than yourself.

  69. Section 73(1) Internal Security Act 1960:

    “Any police officer may without warrant arrest and detain pending enquiries any person in respect of whom he has reason to believe that there are grounds which would justify his detention under section 8; and that he has acted or is about to act or is likely to act in any manner prejudicial to the security of Malaysia or any part thereof or to maintenance of essential services therein or to the economic life thereof.”

    Sec. 73(1) contains expressions which are by no stretch of the imagination conclusive or definitive – expressions like “in respect of whom he has reason to believe”, “has acted or is about to act or is likely to act” and “in any manner prejudicial” to the “security of Malaysia or any part thereof” or “to the maintenance of essential services”. Case law over the years has allowed us a peek into the judicial minds wrestling with these issues but by no means are they adequate. As proponents of the rule of law, we cannot be blamed for wanting to hear from the trial judge how he would adjudicate on these substantive issues and how wide or narrow the ambit he would attach to them.

    That is the opportunity that we have missed. Instead, and some would say rightly so, he limited his ruling to procedural matters as enumerated under Sec. 8 of the Act, ruling that the Minister had acted mala fide based on his affidavit. The non-compliance is enough to secure the detainee’s release in this case.

  70. Hail SYED! Please make no mistake, we are referring to Justice SYED Ahmad Helmy here, not the low-class SYED Hamid Albar whose brain is occasionally suffering from the condition of paranoid personality disorder almost everytime UMNO screws themselves up, regarding himself the sole draconian JUDGE who keeps the public safe by locking up political dissidents which deemed a threat to the public.

    He likes to make his hypersentitive emotion and behaviour evident to the public, when issuing the statement to the press to justify his unreasoning decision on using ISA. Today, this ruling has slapped him right on the face, waking him up from daydreaming and telling him to stop playing saint.

    The ruling has warranted the liberty right of an individual under our constitution. It says that the detention of RPK was unlawful, RPK was never a threat in this case, and home minister was dead wrong in detaining RPK without trial.

    Perhaps next time during cabinet reshuffle, the prime minister should get a psychiatrist to “certify” a minister free from paranoid personality disorder, before assigning the home affair portfolio to the person.

    Welcome back RPK, a free man today who has been inspiring to the people of his free speech and thoughts. Today defines the end of his 55 days living under the ISA cloud. Today marks a milestone in our judiciary system, telling the home minister his action is way against the constitution.

    JUSTICE HAS PREVAILED :)

  71. One question. Couldnt it possible, the minister, being a lawyer himself, trying to play trick? Its just too naive to say that he do not know the ambit of the ISA law. Possibly, it is an orchastrated move on the part of the goverrnment.

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